leaving a widow, by his widow, or in her default, or if no widow survive him, by his children, if any survive him, for a further period such that the entire term shall be equal to that secured by this act and the privileges secured hereunder to the widows of authors shall equally be enjoyed by the widowers of authors, and if such author, widow, widower, or children shall not be living at the passage of this act, then his or her heirs, executors, or administrators shall be entitled to the privilege of renewal and extension granted under this section: Provided, That application for such renewal and extension shall be made to the Copyright Office and duly registered therein within one year prior to the expiration of the existing term; And provided further, That if such subsisting copyright shall have been assigned or a license granted therein for publication, and if such assignment or license shall contain provision for payment of royalty, and if the renewed copyright for the extended term provided in this act shall not be assigned nor license therein granted to such original assignee or licensee or his successor, said original assignee or licensee or his successor shall nevertheless be entitled to continue to publish the work on payment of the royalty stipulated in the original agreement; but if such original assignment or license contain no provision for the payment of royalty, the copyright shall be renewed and extended only in case the original assignee or licensee or his successor shall join in the application for such renewal and extension.

SECTIONS 27-42: PROTECTION OF COPY

RIGHT.

SEC. 27. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

(a) To an injunction restraining such infringement;

(b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims; or in lieu of actual damages and profits such damages as to the court shall appear to be just; and in assessing such damages the court may in its

Currier bill reads "widowers of authoresses."

SEC. 27. Barchfeld and Kittredge bills omit the minimum clause, which is. of great practical importance, especially as a deterrent.

SEC. 27. Fourth. Barchfeld and Kittredge bills read:

"In the case of a dramatic or dramatico-musical or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for every infringing performance."

discretion allow the amounts hereinafter stated, but such damages shall in no case exceed the sum of five thousand dollars, nor be less than the sum of two hundred and fifty dollars, and shall not be regarded as a penalty:

First. In the case of a painting, statue, or sculpture, ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Second. In the case of any other work enumerated in section five of this act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery;

Fourth. In the case of a dramatic or musical composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance;

(c) To deliver up on oath to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright.

(d) To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order.

Rules and regulations for practice and procedure under this subsection shall be prescribed by the Supreme Court of the United States;

SEC. 28. That any court given jurisdiction under section thirty-six of this act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the remedies herein provided.

SEC. 29. That the proceedings for an injunction, damages, and profit, and those for the seizure of infringing copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action or suit.

SEC. 30. That any person who knowingly and willfully and for profit shall infringe any copyright secured by this act, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court.

SEC. 29. Barchfeld and Kittredge bills omit "or suit."

SEC. 30. Currier and Smoot bills replace the Senate form of the 59th Congress bills with the House form: "shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars and stand committed to jail until said fine and costs are paid."

Imprisonment is emphasized as specially necessary for deterrent purposes by dramatists and musical composers.

SEC. 31. That any person who, with fradulent intent, shall insert or impress any notice of copyright required by this act, or words of the same purport, in or upon any uncopyrighted article, or with fraudulent intent shall remove or alter the copyright notice upon any article duly copyrighted, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars, and stand committed to jail until said fine and costs are paid. Any person who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice, or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hundred dollars.

SEC. 32. That the importation into the United States of any article bearing such notice of copyright when there is no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the United States, is prohibited.

SEC. 33. That during the existence of the American copyright in any book the importation into the United States of any piratical copies thereof or of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section sixteen of this act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic process not performed within the limits of the United States, in accordance with the provisions of section sixteen of this act, shall be, and is hereby, prohibited: Provided, however, That except as regards piratical copies such prohibition shall not apply.

(a) To works in raised characters for the use of the blind;

(b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization;

(c) To the authorized edition of a book in a foreign language or lan

66

SEC. 33. Barchfeld and Kittredge bills include the words or photo-engraving process."

(d) See note on section sixteen as to substituted words.

SEC. 33. Third. Barchfeld and Kittredge bills add: "but such privilege of importation without the consent of the American copyright proprietor shall not extend to a foreign reprint of a book by an American author copyrighted in the United States unless copies of the American edition can not be supplied by the American publisher or copyright proprietor."

This clause was understood to be opposed by Treasury officials, and was omitted from the 59th Congress bills as reported. It is strongly opposed by librarians, the American Library Association having instructed its committee to protest against any provisions less liberal to libraries than those in the last Congress, and is not emphasized by authors.

guages of which only a translation into English has been copyrighted in this country;

(d) To books in a foreign language or languages published without the limits of the United States but deposited and registered for an ad interim copyright under the provisions of section sixteen of this act; in which case the importation of copies of an authorized foreign edition shall be permitted during the ad interim term [of two years], or until such time within this period as an edition shall have been produced in accordance with the manufacturing provisions specified in section sixteen of this act;

(e) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions followingthat is to say:

First. When imported, not more than one copy at a time, for use and not for sale, under permission given by the proprietor of the American copyright;

Second. When imported, not more than one copy at one time, by the authority or for the use of the United States;

Third. When imported, for use and not for sale, not more than one copy of any such book in any one invoice, in good faith, by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States;

Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries or personal baggage belonging to persons or families arriving from foreign countries, and are not intended for sale:

Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the proprietor of the American copyright or annul or limit the copyright protection secured by this act, and such unlawful use shall be deemed an infringement of copyright.

SEC. 34. That any and all articles prohibited importation by this act which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and

SECS. 34-5. All four bills replace many sections in the 59th Congress bills by these generalized provisions.

condemnation of property imported into the United States in violation of the customs-revenue laws. Such articles, when forfeited, shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: Provided, however, That all copies of authorized editions of copyright books imported in the mails or otherwise in violation of the provisions of this act may be exported and returned to the country of export, whenever it is shown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud.

SEC. 35. That the Secretary of the Treasury and the Postmaster-General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the importation into the United States in the mails of articles prohibited importation by this act, and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be, by copyright proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this act, and which infringe the rights of such copyright proprietors or injured parties.

SEC. 36. That all actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the district and circuit courts of the United States. the district court of any Territory, the supreme court of the District of Columbia, the district courts of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the Philippine Islands.

SEC. 37. That actions, suits, or proceedings arising under this act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which either of them may be found.

SEC. 38. That any such court, or judge thereof, shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as said court or judge may deem reasonable. Any injunction that may be granted restraining and enjoining the doing of anything forbidden by this act may be served on the parties against whom such injunction may be granted anywhere in the United States, and shall be operative throughout the United

SEC. 38. Currier and Smoot bills read: "the copyright laws of the United States" in place of "said laws;' also "proper" for reasonable."

Barchfeld and Kittredge bills omit the words or suit."